R&R EXPRESS, INC. v. WESTON & ASSOCIATES, LLC
| R&R EXPRESS, INC. |
| WESTON & ASSOCIATES, LLC |
| 2:2024cv00679 |
| May 7, 2024 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on July 3, 2024. A more recent docket listing may be available from PACER.
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| Filing 21 BRIEF in Support of #18 MOTION to Dismiss for Lack of Jurisdiction re #1 COMPLAINT, filed by WESTON & ASSOCIATES, LLC. (Dickinson, Erin) |
Filing 20
ORDER DIRECTING RESPONSE TO MOTION TO DISMISS #18 . The Plaintiff shall file its Response to the Motion to Dismiss #18 on or before July 10, 2024. The Defendant may file a Reply in support of its Motion within 7 days of the filing of the Plaintiffs Response. Signed by Chief Judge Mark R. Hornak on 07/03/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
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Filing 19
ORDER TO SHOW CAUSE WHY A WRIT/INJUNCTION ORDER SHOULD NOT ISSUE. The Defendant has filed a Motion to Dismiss this civil action in this Court, #18 , on the basis that an Ohio state trial court has via that courts appointment of a receiver over the assets of the Defendant stripped this Court of jurisdiction. The Motion at various points seeks dismissal of this case for lack of jurisdiction of this Court, or an Order of this Court staying it. The Defendants filing is styled as a Motion to Dismiss. Attaching that state court order to the Motion, the Defendant points to paragraphs 55 and 62-64 of that Order to contend that this federal action should be dismissed because, among other things, the extant state court order purports to stay all actions adverse to the Defendant, including this one and deprive this Court of jurisdiction. The Defendant says in its Motion that this action in this Court should be dismissed for want of jurisdiction. The Court notes that it would appear that among other provisions of law, the Supremacy Clause of the Constitution, Art. 6, cl.2, would appear to deprive a state trial court of the authority by its order to deprive this Court of its federal jurisdiction or to stay proceedings in this Court. Therefore, not later that 2:00 p.m. this date, the Defendant shall show cause on this docket as to why this Court should not enter an interim Order, as a writ issued pursuant to 28 U.S.C. 1651(a), enjoining the enforcement of the referenced receivership order of the Court of Common Pleas of Stark County, Ohio at 2024CV001200, to the extent that such state court order purports to stay this action or any other proceedings in this Court or to deprive this Court of jurisdiction or to authorize the dissipation of assets that may be necessary for the enforcement or satisfaction of any judgment entered in this action, all pending the Plaintiffs response to the Motion at #18 and further related proceedings in this Court and all in order to preserve the jurisdiction of this Court over this action and its authority to adjudicate the claims and defenses in this action. Signed by Chief Judge Mark R. Hornak on 07/03/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
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| Set deadline: Response to Motion due by 7/10/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
| BRIEF in Support re #18 Motion to Dismiss/Lack of Jurisdiction filed by WESTON & ASSOCIATES, LLC.; w/ #18 Motion to Dismiss for Lack of Jurisdiction (cel) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction re #1 COMPLAINT, by WESTON & ASSOCIATES, LLC. (Attachments: #1 Exhibit Order Appointing Liquidation Receiver, #2 Proposed Order Order of Dismissal) (Niekamp, Christopher) |
| Filing 17 NOTICE of Appearance by Christopher J. Niekamp on behalf of WESTON & ASSOCIATES, LLC. (Niekamp, Christopher) |
| Filing 16 SUMMONS/Return of Service Returned Executed by R&R EXPRESS, INC.. WESTON & ASSOCIATES, LLC served on 5/20/2024, answer due 7/2/2024., CERTIFICATE OF SERVICE by R&R EXPRESS, INC. re #2 Disclosure Statement, #5 Notice,, #3 Notice of ADR Designation, #6 Summons Issued, #1 COMPLAINT, #4 Order (Attachments: #1 Exhibit A (Affidavit of Service)) (Godfrey, Nicholas) |
| Filing 15 Disclosure Statement identifying None as corporate parent or other affiliate by WESTON & ASSOCIATES, LLC. (Streb, Jude) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #7 Motion to Appear Pro Hac Vice. ERROR: Party did not file disclosure statement identifying both all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public AND citizenship as required pursuant to both LR 7.1.A and FRCvP 7.1(a)(2). CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 6/20/2024. (jd) |
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Filing 14
ORDER GRANTING #10 Motion for Extension of Time to Answer. The deadline for Defendant Weston & Associates, LLC to respond to the Complaint is hereby EXTENDED to 7/2/24. Signed by Chief Judge Mark R. Hornak on 6/11/24. (bdb)
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Filing 13
ORDER GRANTING #8 Motion for Justin Greenfelder to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 6/11/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 12
ORDER GRANTING #9 Motion for Jude Streb to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 6/11/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 11
ORDER GRANTING #7 Motion for Erin L. Dickinson to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 6/11/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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| Filing 10 First MOTION for Extension of Time to File Answer re #1 COMPLAINT, filed by R&R EXPRESS, INC. by WESTON & ASSOCIATES, LLC. (Attachments: #1 Proposed Order) (Streb, Jude) |
| Filing 9 MOTION for attorney Justin Greenfelder to Appear Pro Hac Vice, for Weston & Associates, LLC (Filing fee $70, Receipt # APAWDC-8305932) by WESTON & ASSOCIATES, LLC. (Attachments: #1 Proposed Order) (Greenfelder, Justin) |
| Filing 8 MOTION for attorney Jude Streb to Appear Pro Hac Vice, for Weston & Associates, LLC (Filing fee $70, Receipt # APAWDC-8305871) by WESTON & ASSOCIATES, LLC. (Attachments: #1 Proposed Order) (Streb, Jude) |
| Filing 7 MOTION for attorney Erin L. Dickinson to Appear Pro Hac Vice, for Weston & Associates, LLC (Filing fee $70, Receipt # APAWDC-8305764) by WESTON & ASSOCIATES, LLC. (Attachments: #1 Proposed Order) (Dickinson, Erin) |
| Filing 6 Summons Issued as to WESTON & ASSOCIATES, LLC (jd) |
| Filing 5 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad) |
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Filing 4
STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 5/8/24. (jad)
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| Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad) |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by R&R EXPRESS, INC.. (Godfrey, Nicholas) |
| Filing 1 COMPLAINT against WESTON & ASSOCIATES, LLC (Filing fee, including Administrative fee, $405, receipt number BPAWDC-8252993), filed by R&R EXPRESS, INC.. (Attachments: #1 Exhibit A (Credit Application), #2 Civil Cover Sheet, #3 Summons) (Godfrey, Nicholas) |
| Chief Judge Mark R. Hornak added. (jd) |
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| Plaintiff: R&R EXPRESS, INC. | |
| Represented By: | Nicholas J. Godfrey |
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| Defendant: WESTON & ASSOCIATES, LLC | |
| Represented By: | Jude Streb |
| Represented By: | Christopher J. Niekamp |
| Represented By: | Erin L. Dickinson |
| Represented By: | Justin S Greenfelder |
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